Providing training courses to apprentices doesn’t make all employees eligible for DBS checks

We’ve recently been involved in a case where a training provider offering vocational and online courses to apprentices was requesting an enhanced Disclosure and Barring Service (DBS) check for an individual being employed as an account manager. The primary role of the account manager was to liaise with the training company’s current partners and to […]

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University doing ineligible checks for lecturing posts

We’ve recently worked on a case where a university had stated in a job description for a ‘Lecturer in Criminology’ role that: “The successful applicant will have to undergo a DBS check before an appointment can be made.” Unfortunately, it didn’t specify what level of check. When we asked, they said that they’d be carrying […]

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Organisations need to make it clear if they want applicants to disclose

We’ve recently been involved in a case where a student’s union was considering taking disciplinary action against one of its new trustees for failing to disclose their conviction. The trustee concerned had an unspent conviction at the time of their election to the board. After extensive research she had satisfied herself that her offence would […]

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Ineligible check leads to DBS considering adding employee to adult’s and children’s barred list

We’ve recently been involved in a case where a local council has, by their own admission, carried out an ineligible enhanced Disclosure and Barring Service check which has resulted in an individual being considered for inclusion on the adult and children’s barred lists. The individual concerned had been working for the council for many years […]

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The problem with doing blanket enhanced DBS checks on all employees

We’ve recently been involved in a case where a refrigeration/air-conditioning company were looking to carry out enhanced Disclosure and Barring Service checks on all their service engineers irrespective of where they would be working. The company concerned had just bought out another company and had taken on several new contracts. They had transferred over existing […]

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Confusion over filtering legislation and taking into account an old caution

We’ve recently been involved in a case where an employer suspended an individual from his teaching position as a result of the alleged non-disclosure of a caution he’d received 9 years ago. Following the introduction of new legislation in May 2013, the individual’s caution was eligible to be filtered from standard and enhanced Disclosure and […]

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Misleading question for a volunteer role

Whilst working on a case we came across an application form for a volunteer role at a regional care provider that involved volunteers in its work. We identified a misleading question under their “Disclosure of criminal convictions” section. The question was in connection with an enhanced DBS check and stated: “Have you ever been convicted […]

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NHS trusts and the need to include references to filtering

We’ve recently worked on a case where an individual was considering applying for a job within an NHS trust as a ward caterer. The role involved serving food and beverages to patients on the ward. The individual was confused about what they should disclose about their criminal record as the application form stated: “As a […]

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Employer does a standard Disclosure and Barring Service check for an unregulated role

We’ve recently worked on a case where an individual had a job offer withdrawn following an ineligible check being undertaken by an employer. The job involved selling IT systems to financial institutions and in his offer of employment the company stated that: “The company is not regulated by the FCA although a majority of the […]

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